RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-02969

XXXXXXXXXX					COUNSEL: NONE

							HEARING: NO 

APPLICANT REQUESTS THAT:

His General, Under Honorable Conditions, discharge be upgraded to an Honorable discharge.

APPLICANT CONTENDS THAT:

He would like to qualify for Department of Veterans Affairs (VA) benefits.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman.

On 1 Feb 99, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for misconduct.  The reasons for the action include:

	a.  On or about 16 Jun 98, derelict in performance of duties, for which he received an Article 15, and reduction to the grade of airman, which was suspended.

	b.  On or about 1 Nov 98, and 2 Nov 98, failure to go to appointed place of duty, for which the suspension to his reduction in grade was vacated.

	c.  On or about 6 Jan 99, reported for duty in an inappropriate uniform, and revoked driving privileges, for which he received a letter of reprimand (LOR).

	d.  On or about 15 Jan 99, failed to perform duties properly, for which he received an LOR.

On 1 Feb 99, the applicant acknowledged receipt of the action and elected to submit a statement on his behalf.

The discharge action was found legally sufficient (undated) and the discharge authority approved the recommendation (undated).  

On 2 Mar 99, the applicant was furnished a general, under honorable conditions discharge.

A request for post-service information was forwarded to the applicant on 27 Nov 17 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

For more information, see the excerpt of the applicant’s record at Exhibit B.

THE BOARD CONCLUDES:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  It appears the discharge was consistent with the substantive requirements of the discharge regulation and was within the commander’s discretion.  Nor was the discharge unduly harsh or disproportionate to the offenses committed.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  Therefore, the Board recommends against correcting the applicant’s records. 

THE BOARD RECOMMENDS THAT:  

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2017-02969 in Executive Session on 14 Aug 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:  Application, DD Form 149, dated 21 Jun 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  AFBCMR letter, w/atch, dated 27 Nov 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 regarding AFBCMR Docket Number BC-2017-02969.